On May 4, 2020, Fair Shake Environmental Legal Services filed a Petition to Redesignate Toms Creek on behalf of Friends of Toms Creek, a group dedicated to protecting, preserving, enhancing and restoring the natural, scenic, historic and aesthetic resources within the Toms Creek watershed, an important resource located in Southwest Adams County, Pennsylvania. The Petition requests the Pennsylvania Environmental Quality Board amend regulation and revise the upper Toms Creek basin designation from High Quality to Exceptional Value, affording the stream the protections that the actual existing use for aquatic life requires.
The Petition is based on in-stream bioassessment data collected by an aquatic biologist during March 2020, including water quality measurements, habitat assessment and macroinvertebrate sampling, which demonstrates the stream qualifies as EV. In addition, the Petition states that redesignation is needed to coincide with land use regulations and conservation efforts to protect the Toms Creek watershed. In particular, this section of Toms Creek runs through Michaux State Forest, is identified as a priority conservation watershed by the Pennsylvania Natural Heritage Program, and is identified as a special protection watershed by the Southwest Adams County Joint Comprehensive Plan.
If the Petition is ultimately adopted by the EQB, the antidegradation regulations require that when DEP reviews permit applications for development in the basin, the water quality of Toms Creek shall be maintained and protected, without exception. Unlike in waters designated as High Quality, there is no social and economic justification exception to the antidegradation rule. In EV streams, permit applicants must either implement a nondischarge alternative or demonstrate their discharge will not lower the existing water quality of the EV stream. These requirements do not prohibit or inhibit development, but rather mandate best management practices to foster better planning and execution.
The Petition is a critical step in gaining additional protections for an important natural resource and highlights the value that clean streams bring to communities. It is clear that Toms Creek warrants redesignation and Fair Shake was glad to be part of submitting this Petition on behalf of FOTC, their partners, and supporters.
